Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
December 08, 2025 —
Matthew DeVries - Best Practices Construction LawIn a recent Tennessee Court of Appeals decision,
Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the homeowners. The court’s response? Proximity isn’t prejudice.
The dispute started when homeowners sued Daniels Construction for allegedly botched remodeling work. When the judge disclosed during a hearing that he lived near the plaintiffs’ proposed expert, the defense moved to have him recused from the case. They argued that prior cases involving the same expert had led to recusals. The trial judge, however, made clear there was no personal or professional relationship with the expert and denied the motion.
Read the full story...Reprinted courtesy of
Matthew J. DeVries, BuchalterMr. DeVries may be contacted at
mdevries@buchalter.com
How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction
December 15, 2025 —
William L. Porter - Porter Law GroupThis is the first article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect or the form or releasing claim rights to a greater extent than you intend.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers
April 14, 2026 —
Francesco "Frio" Iorio - Engineering News-RecordEveryone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since
the early days of electrification and the widespread adoption of air conditioning.
Read the full story...Reprinted courtesy of
Francesco "Frio" Iorio, Engineering News-RecordENR may be contacted at
enr@enr.com
Contract Interpretation – Determining What the Contract Requires
March 24, 2026 —
David Adelstein - Florida Construction Legal UpdatesA good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope of work. Make all of this clear. But, of course, this isn’t foolproof meaning you could still be doing this and you could still find yourself in a contract interpretation dispute. Although, if you are doing this, and being proactive, the contract interpretation disputes should be minimal and more streamlined.
In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385, 2026 WL 407656 (CBCA 2026), the dispute centered on whether the government owed the contractor for certain, necessary equipment (largely controllers, but also tanks and pumps) not specified in the contract. The government countered that this should be a non-issue because the contractor always acknowledged it was responsible for furnishing the unspecified, necessary equipment, and the contractor did actually provide the equipment without direction from the government. Each party claimed the contract was unambiguous when construed in context.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Data Center Construction and the AEC Partner of the Future
April 14, 2026 —
Aarni Heiskanen - AEC BusinessDuring my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production.
The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations.
Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Modern Building-Sundt $17M Claim Is Stranded by Hospital Bankruptcy
April 27, 2026 —
Richard Korman - Engineering News-RecordA $16.9-million claim for work on a hospital addition by a joint venture of contractors Modern Building Co. and Sundt Construction is stuck and delayed indefinitely following the California hospital's December bankruptcy filing.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner
February 02, 2026 —
Newmeyer DillionNEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership.
Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties.
Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected.
"Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out."
Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude.
About Newmeyer Dillion
For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
Snell & Wilmer Receives Multiple National and Regional Top Tier Rankings in 2026 “Best Law Firms® Rankings” by Best Lawyers®
December 08, 2025 —
Snell & WilmerPHOENIX – Snell & Wilmer is proud to announce it has once again been recognized by Best Law Firms®, earning 34 national and 199 regional rankings across 74 categories by Best Lawyers® in their annual Best Law Firms rankings. The firm received national Tier 1 rankings for its Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Communications Law, Construction Law, Corporate Law, Litigation – Construction, Litigation – Labor and Employment, Litigation – Real Estate, Real Estate Law, and Securities Regulation categories. The firm also earned national rankings in 24 other categories, and 15 of its offices earned regional rankings. The 2026 Best Law Firms rankings are based on the highest number of participating firms and the highest number of client ballots on record. The rankings are determined through a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information supporting a firm’s accomplishments. The following is the complete list of Snell & Wilmer practices ranked in the 2026 Best Law Firms:
National Rankings
Banking and Finance Law
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Commercial Litigation
Communications Law
Constru
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Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got
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“You Can’t Make Me Pay!”
Architect Searches for Lost Identity in a City Ravaged by War
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2018 Super Lawyers and Rising Stars!
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Tender the Defense of a Lawsuit to your Liability Carrier
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Businesspeople to Nevada: Revoke the Construction Defect Laws
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Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
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Hiring Subcontractors with Workers Compensation Insurance
